Consent; Waiver of Jurisdiction

Where the court does not have admiralty jurisdiction based on subject matter, mere consent or stipulation of the parties does not give jurisdiction. Likewise, lack of jurisdiction cannot be waived.  However, if the court has subject matter jurisdiction, objections to its jurisdiction in the specific case may be waived.  In The Ulrik Holm, 298 F. 849, 853 (1st Cir. 1924), the court held that when a libellant institutes a suit in rem, and the admiralty court had jurisdiction only in personam, that does not mean that the libellant consented to have his rights determined by a court which had no jurisdiction and that objection to the improper form of proceeding could not be waived.


Inside Consent; Waiver of Jurisdiction